Saturday, September 29, 2012

The tradition of the Postal Trade
Union movement, from the very day of its inception, is the total unity of the
entire Postal employees and Central Govt. Employees – Whether they are called
Departmental Employees or Extra – Departmental Employees. Late Comrades:
Tarapada Mukherjee, Dada Ghosh, K. G. Bose, N. J. Iyer, Adinarayana, K. L. Moza
and all those great leaders stood for the unity of the entire Postal workers.
Unfortunately, of late, deliberate attempt is being made repeatedly, from
certain quarters, to split and weaken the rock – like unity of Postal
employees.

In 2008, all the unions of NFPE
took an unanimous decision to go on indefinite strike from 6th
January 2009, raising the main demands of the Gramin Dak Sevaks (GDS) i.e.;
reject the retrograde recommendations of the Nataraja Murthy Committee report.
But suddenly a strike notice was served by the then GDS union General Secretary
for indefinite strike from 17.12.2008 i.e,
18 days before the proposed indefinite strike of NFPE. Other unions were
not consulted. After serving the strike notice only it was known to others.
What was the need for going on strike in a so hurriedly manner, when NFPE was
ready for a joint strike from 06.01.2009. Will be sky come down if the strike
is delayed for 18 days to ensure cent percent unity of Postal Employees. The
intention was very clear to divide the unity of the Postal workers. The
leadership of the so – called GDS union played in the hands of the Govt. and
the Postal bureaucracy who are hell-bound to demolish the rock-like unity of
Postal workers. With the help of the so-called GDS union General Secretary, the
Government succeeded to some extent in creating a division among Departmental
employees and GDS.

Now again, the same thing is
being repeated. The entire Central Government Employees, including the National
Federation of Postal Employees has decided to go on a nation-wide one day
strike on 12th December 2012. One of the major demands of the strike
charter is the issues related to the GDS employees – i.e.; 7th Pay
Commission to examine the wages and service conditions of GDS, 50% DA merger
for GDS and not 5% TRCA increase, Departmentalization of GDS and extending all
the benefits of departmental employees, Bonus discrimination, protection of
allowance, Health Scheme, time bound promotion etc. Intensive campaign all over
the country is taking place for making the strike a grand success. The strike
was declared on 2012 July 26th in the historic Parliament March in
which about 20000 Central Government Employees participated in which a large
majority of them being Postal & RMS employees including Gramin Dak Sevaks.

Again, all of a sudden, the
General Secretary of the truncated GDS Union, gave another strike notice for
indefinite strike from 16th October 2012. When the entire employees
are preparing for a joint strike, what is the need of giving a sudden notice
for another strike. Again, the intention is very clear. They are playing in the
hands of the Government. The Central Government wants to scuttle the December
joint strike by creating division among the Departmental Employees and GDS. The
leader is behaving as an agent of the Government and poor GDS are the victims.
GDS are not going to be benefited by such sectarian strike.

Shall we allow such leaders
to break the unity of Postal workers, by stabbing from the back? Shall we allow
the Government to break our unity by joining hands with such leaders? No, we
shall not. We shall expose those disruptors and at any cost, shall uphold the
unity of the Postal workers and march forward under the banner of NFPE for
protecting the interest of the Postal employees including Gramin Dak Sevaks.
Let us fight against the policy of the Government and make the 12th
December strike a thundering success.

(a)
whether Government has issued a missive to all Ministries/Departments,
Public Sector Undertakings (PSUs) and Public Sector Banks to strictly
follow a time limit of three months in taking action against corrupt
officials;

(b) if so, the details of
the circular issued by Department of Personnel
and Training;

(c) whether Government has received complaints
against Chairman & Managing Directors (CMDs)
of several PSUs; and

(d) if so, the names of CMDs of
PSUs against whom complaints of corrupt practices have been received?

ANSWER

Minister
of State in the Ministry of Personnel, Public Grievances and Pensions and
Minister of State in the Prime Minister’s Office. (SHRI V. NARAYANASAMY)

(a) to (d): A Statement is laid on the Table
of the House.

The Said Statement is detailed
below:

(a) & (b): The Supreme Court of India, vide
its judgment dated 18th December, 1997 in the case of Vineet Narain Vs.
Union of India, directed that “time limit of three months for grant of
sanction for prosecution must be strictly adhered to. However, additional
time of one month may be allowed where consultation is
required with the Attorney General (AG)
or any Law Officer in the AG’s office”.

The delay which occurs in the sanctioning of
prosecution is mostly on account of detailed scrutiny and analysis of
voluminous case records and evidence, consultation with Central
Vigilance Commission (CVC), State Governments and other agencies, and
sometimes non-availability of relevant documentary evidence.

However, in order to check delays
in grant of sanction for prosecution, the Department of Personnel
& Training has already issued guidelines vide its OM
No.399/33/2006-AVD-III dated 6th November, 2006 followed by another OM
dated 20th December, 2006, providing for a definite time frame at each
stage for handling of requests from CBI for prosecution of public servants.

The Group of Ministers (GoM) on tackling
corruption, in its first report, had also given certain recommendations for
speedy disposal of requests for sanction of prosecution of public servants,
which included – taking decision on such cases within 3 months; monitoring
of such cases at the level of Secretary of the Ministry/Department and submission
of report to the Cabinet Secretary; and in cases of refusal to accord
sanction, submission of a report to the next higher authority within 7 days
for information (where competent authority is
Minister, such report is to be submitted to the Prime Minister). The said
recommendation of the GoM has been accepted by Government and instructions
have been issued by the Government on 3rd May, 2012.

The GoM has also recommended that
(a) requests for prior approval under section 6A of the Delhi Special
Police Establishment Act, 1946 shall be decided by the competent authority
within three months of receipt of request; (b) the competent authority will
give a Speaking Order, giving reasons for its decisions; and (c) in the
event a decision is taken to refuse permission, the reasons thereof shall
also be put up to the next higher authority (Prime Minister)
for information within one week of taking the decision. The
recommendation of the GOM has been accepted and orders have been issued by
DoP&T on 26th September, 2011.

(c) & (d): A Group of Officers (GoO) was
constituted to take a view on complaints against Chief Executives and
Functional Directors of Public Sector Enterprises (PSEs) and Chairman
and Managing Directors (CMDs) and Functional Directors
of Public Sector banks and Financial Institutions
vide Department of Public Enterprises O.M. No. 15(1)/2010-DPE(GM)
dated 11.3.2010 and 11.05.2011 under the chairmanship of Secretary
(Coordination and Public Grievance), Cabinet Secretariat, which has
received complaints against CMDs of several PSU. The list containing the
names of CMDs of PSUs against whom complaints have been received is at
Annexure.

Monday, September 24, 2012

Scams, Scandals …...
& Postal

This is an era of scams and scandals.
Hidden skeletons are now rolling down from the cupboard now and then and the
UPA II is now shunned with shame for the rampant corruptions like 2G, Coalgate,
sports etc. Because of allowing FDI, disinvestment, Entertaining Public Private
Partnership, Privatization Policies adopted in the Government Sectors, the preference
and favoritism followed by kick packs are now coming out in new dimensions.

In spite of shiftingfrom the
globalization policies by many western countries and attempting to -revert back
to state oriented services in the recent days;the Government is advancing with
the outdated policies without minding the opposition and lost its foresight.

In Postal, Hon’ble Minister has announced the
New Postal Policy 2012 intending to unbundle the present rights of the Postaland
end the monopoly. The tender Notification Placed on Indiapost Website for
inviting Expression of Interest from experienced and reputed consultancy
firms for providing comprehensive consultancy on Detailed Model Concession
Agreement for Commercial Development and Management of Vacant Postal Lands
under PPP mode Project exhibits the mood to lease out the postal land and other
activities leading to disinvestment and privatization. It cannot be ruled out of one more scam in
Postal in the future.

We cannot forget the centralized
supply of computers and Generators to post offices without any invoice or
brought into stock during the 1990s which was not unearthed properly at that
time.The information’s we collected under the RTI showsthat how the pumpkin was
hidden in the food served. Similarly, there were many types of lootsand booty’s
while carrying out the works under the Project Arrow. The information we
collected under RTI exhibits that the same buildings were identified under all
the three schemes and no major repairs and replacements except changing tiles
and carrying out the colour wash.

Postal Accounts, even though
it was declared under the organized accounts cadre under CAG,the entire
administrative powers like Director of Postal Accounts etc are in the hands of
senior administrative officers resulting the postal accounts is now confined
its work related to only accounts and not the auditing work.Nowadays, the
postal accounts are also raising objections only on flimsy items against staff
on their pay fixation, drawal of bills etc. and not objecting the serious
financial irregularities purported by the officers.

Is there any check being
carried out in the business products? By whom? Whether all the business
activities and the expenditure made for them are properly audited. For Videshi
Mo, the software was purchased in some crore. The revenue earned so far is
lesser than Rs, 20000. The air freighter engaged for carrying mails resulted in
heavy loss. The AMPC now installed in Kolkatta is capable of sorting only 28%
of mails. The electricity charges paid last month has exceeded sixteen lakhs.
The loss due to the non - realization of BNPL accounts has not been cared.

Earlier all staff cars were
maintained by the MMS and the expenditure was very minimum. The officers
started engaging rented car for the minimum rent of Rs.30000 per month and in
many circles the number of cars engaged exceed four or five. The rent spent in
two years may pave revenue to purchase the same cars. But it seems no
objections by any DPA or Internal Finance.

The poor postmasters cannot
purchase any urgent materials for more than Rs.25 which is not even sufficient
to attend the faults in the socket pin orin computers and they have forced to
depend upon for everything to the divisional superintendent. The demand to increase
their financial powers is not considered. But the officer’s financial powers had
been increased manifold. Beyond their powers there were many expenses. Whether
the Postal Accounts is checking the NPC vouchers regularly seeing whether there
is any wasteful expenditure or payment beyond the financial powers and raising
objections?

There are frequent melas or
meets organised. Just to make a tour to all the Directors, there was a meet in
Madurai and lakhs of rupees were spent. All were exceeding the financial
powers. The bills were charged in different divisions on different accounts.
When informations under RTI were sought, there is no correct information
because of the split of expenditures in different divisions. Is it not the duty
of the Accounts to detect and raise objections? Not possible. They are not
having freedom; because they are working under the DPS.

We
could point out many such financial irregularities and misuse of powers in many
quarters. But what we expect that the Postal accounts and audits should
function independently like CAG and point out the scams and irregularities
taking place even on today in the department right from the divisions to
Directorate to curb the corruptions and scams. Let us think deeply to demand
such thing also by the trade unions.

Saturday, September 22, 2012

General Secretary’s Desk

Dear Comrades,

One Day Strike on 12.12.12

The Confederation of Central
Government Employees and Workers has professed a clarion call of one day token
strike on 12.12.12 on 15 Charter of Demands. The gist of the demands is
furnished in a nutshell below for the notice of all. All Branches and
Divisional Secretaries are requested to translate the same in their Regional
languages and organize the workers for 100% participation in the proposed
strike.

Charter of Demands and short notes

1.Revision
of wages w.e.f. 1.1.2011.

(i)
In all the Public sectors and Banks, the wage
review is being carried out once in 5 years.

(ii)
The 5th CPC set the norms for the appointment
of next pay commission that whenever DA crosses 50%, it shall be appointed.
Based on the same principle, the next pay commission should have been appointed
w.e.f 1.1.2011. The silence in the 6th
CPC report about the formation of the next CPC cannot be taken as a ruse to
deny or delay the next CPC.

(iii) The
anomalies arisen after the 6th CPC due to the introduction of a
grade pay system and the loss of significance in the existence of cadres,
disparity in pay fixation between officers and Government servants etc. can be
sorted out only in the next CPC.

(iv)
The retail prices of essential commodities
eroded the value of real wages by 160% within 5 years after 1.1.2006, whereas
the DA compensation had been just 51%. Due to inflation, the real value of the
wages has gone down.

(v)
The 6th CPC while determining the
minimum wage has suppressed the retail price in the market and just take 20% alone
of the wholesale price whereas in the market it was more than 60% than the
wholesale price. Thus the demand of the minimum wage has been defeated with
that clever and cunning decision of 6th CPC.

(vi)
Though the National Anomaly Committee met 5 to 6
times, it has not settled any major issue. The Anomalies existing in MACP are
unredressed.

(vii) The
Fourth CPC categorically stated that GDS ought to have been included within the
preview of pay Commission. This has been denied resulting in more exploitation
in their wages and service conditions.

The above are the justification for the demand seeking
immediate appointment of Seventh CPC and revise the wages from 1.1.2011.

2.Merger
of DA with Pay

(i) The
5th CPC recommended that the DA must be merged with Pay and treated
as Pay for computing all allowances when DA exceeds 50%. This was carried out
before the appointment of 6th CPC.

(ii) The
DA merger will partially compensate the erosion of real wages as per the report
of Gadgil Committee in the post 2nd CPC period.

(iii) The 3rd
CPC has also recommended such merger.

The merger of DA shall be considered in the case of GDS also
in the Department of Posts.

3.Compassionate
Appointments

(i) Supreme
Court has not given any direction to introduce 5% ceiling in compassionate
appointments.

(ii) Even
though the Cabinet Secretary assured for reconsideration, no tangible action
has been taken so far to delete the ceiling of 5%.

(iii) In
Railways there is no such ceiling and this is very clear discrimination between
the equals in the Government Service.

(iv) In
Department of Post the selected lists under RRR were scrapped and thereafter
only the candidates who pleaded their cases up to the Supreme Court were
offered the appointment and remaining approved candidates are left in the lurch.

Therefore we are demanding the
directions should be issued to do away with the stipulation and compassionate
appointments be provided in all deserving cases.

4.Functioning
of JCM

(i)
The National Council is as per the scheme to
meet at once in 4 months. It meets after several years. The issues put forth
should be disposed in the same meeting or in the next meeting where as a number
of issues are kept pending for indefinite periods.

(ii) Barring
one or two items, most of the anomalies placed in the Anomaly Committee meeting
have not been considered and settled.

(iii) In
many Departments the Departmental Councils which are scheduled to be conducted
once in four months have not been conducted years together.

Therefore, it
is demanded that the periodicity of the National and Department Council meetings
should be adhered and the forum should be ensured as an instrument to settle
the demands of employees.

5.Remove
the Ban on Recruitment and creation of Posts.

(i)
The abolition of 2/3 vacancies which was in
existence from 2001 to 2008 was applied only in the case of Group ‘C’ and Group
‘D’ and not even a single Group ‘B’ or Group ‘A’ was axed.

(ii) The
workforce in Group ‘C’ and Group ‘D’ has been drastically axed to the extent of
20% during the last decade ending with 2010.

(iii) The
blanket ban on creation of posts is in existence since 1983 and not even a
single required post has been created without any matching Saving Scheme
(example the case of System Administrators)

(iv) We
had a time tested and scientific system of assessment of workload with
periodical revisions. This become obsolete and not even a single required post
is created so far.

(v) 6th
CPC communicated that it is not desirable to continue the ban and recommended
to empower the respective departments to create need based posts for its
effective functioning. This has neither has been accepted nor rejected so far.

6.Downsizing,
outsourcing and contractisation etc.

(i) Many
Departments had resorted to outsourcing of the functions. Some Departments
virtually closed down. For example in passport office the entire work of
processing and issue of passport is outsourced to TATA. Similarly the issue of
PAN card and related works have also been entrusted to TATA consultancy. The IT
returns submitted through E-mail are now entirely being processed by Infosys.
Most of the work in Railways had been outsourced and on a contract basis and
the staff strength has been depleted.

(ii) In
Postal, the Government desires to introduce PPP (Public private partnership)
and providing a level playing field to the couriers by amending post office
Act. The Monopoly of the Department of Posts is proposed to be unbundled with
the clear direction for its corporation and further privatization. The fate met
by the BSNL is not too far away to the Postal.

(iii) Outsourcing
of department functions increased enormously over the years. The Quality of
work suffered.

Therefore, it
is necessary that the present scheme of outsourcing, privatization, PPP
introductions and contractarisation shall be abandoned.

7.Stop
price rise and strengthen PDS.

(i) The
pursuance of the new economic policies and the consequent withdrawal of the
universal public distribution system had been per se the reason for unbearable
inflation.

(ii) Government
employees even of the lowest stage are precluded from the PDS as their meager
wage is considered above ‘Poverty Line’.

Therefore, it
is essential to bring back the PDS and control the price rise of essential food
items.

8.(a) Regularization
of daily rated workers

(i)
Almost 25% of the workforce are casual workers
in Government departments and they are not having any permanent and perennial
nature of work.

(ii) Resultantly
Quality of work suffers besides exploitation of labour.

(iii) The
Govt should frame a scheme for regularization and they shall be paid equal pay
for equal work.

(b) Absorption of GDS as regular Postal
employees.

(i) Till 1963, the GDS were
called as ‘Extraneous Departmental Agents’ and treated as Govt. Servants.

(ii) The Supreme Court declared
in 1977 that they are holders of civil posts.

(iii) Justice Talwar recommended
that they should be treated as Govt. Servants and all facilities to be extended
at par with regular employees.

(iv)
However Natarajamurthy had reversed all the
above and now equated them with Anganwadi and Contingent employees. Many facilities
were taken back.

(v)
There is ample justification to departmentalise
the GDS. The General Secretary AIPEU GDS (NFPE) has submitted a detailed
Memorandum to Hon’ble Minister exploring the ways & means for their
departmentalization.

Notwithstanding the demand of
departmentalization, we demand immediate settlement of TRCA, Bonus and
recruitment rules to PM/Group ‘D’related issues which were discussed in strike
charters with the Department of Posts.

9.Introduction
of PLB and removal of ceiling limit

(i) Adhoc
bonus of 30 days should be converted as PLB in all Government departments.

(ii) The
ceiling of 60 days in PLB in Postal to be removed.

(iii) Bonus Act
has no relevancy in PLB. There should be no ceiling of Rs. 3500/- for PLB.

(iv) The
injustice met out of the GDS in the ceiling should be modified.

Therefore Bonus ceiling shall be computed on
the basis of the actual emoluments of an employee receives.

10.Revision
of OTA and Night Duty Allowance.

(i)
OTA is now being paid as per the rates fixed by
4th CPC. There is no revision. Even the hourly rate of outsourced
persons in much higher than the OTA granted to the Government Employees which
is now at the rate of Rs. 15.85 per Hours.

(ii) Non
performance of OTA is being misused and some officials are being proceeded under
disciplinary rules.

(iii) The
Board of Arbitration award enhancing the quantum of OTA has not been
implemented.

11.Arbitration
awards

(i) There
are 17 arbitration awards in favour of employees. The financial implication is
very meager. Even the staff side agreed to implement some of them with
prospective effect.

(ii) The Government is choosing to place the awards
in the Parliament for rejection.

12.Vacate
all Trade Union Victimization

(i) There
is heavy vicimisation in IA & AD Department. More than 12000 employees are
charge sheeted under Rule 14 & 16. Mass casual leave demanding vacation of
victimisation ended with heavy casualities. Permission to hold meetings in the
office are denied.

(ii) The
Trade union facilities are totally denied in many Government Organisation.

13.Right to strike

(i) ILO
convention provides all trade union rights. However the decisions have not been
made statutory by the Government.

(ii) Govt.
Employees continue to be denied the right of collective bargaining.

(iii) Supreme Court
observed that Govt. Employees do not have any legal, fundamental or moral right
to resort to strike action.

It is therefore urged that necessary
legislation affording the right to strike to Govt. employees be made in the
Parliament.

14.Career
Progression (5 Promotions)

(i)
All India Group ‘A’ Services provided 5 or more
promotions without appearing any examination.

(ii) In
respect of Group ‘C’ no cadre review has been carried out.

(iii) More
promotional posts have not been identified because there is no functional
justification; whereas no such yardstick is applied in case of officers.

Therefore,
it is demanded to have five hierarchical promotions in one official carrier.

15.Scrap
the New Pension Scheme

(i)
The defined pension scheme was replaced by the
contributory pension scheme from 1.1.2004 and the funds be managed by mutual
fund operators in the share market.

(ii) The
new pension scheme is going to make social security uncertain.

(iii) It
is discriminatory as the scheme has been compulsorily imposed.

(iv) Such
schemes become failure in many countries like Chile, U.K and even the USA.

(v)
The contributory pension does not have the
guarantee of Minimum 50% pension and there is no protection to the family due
to denial of family pension.

Therefore we demand to withdraw the PFRDA
Bill and ensure the statutory defined pension scheme.

Dear Comrades,

If you go
through the charter of demands, you can very well understand that all the
demands are important and well related to all Govt. Employees. When the Govt.
do not want to hear the voice of the C. G. employees, the Confederation which led
the glorious struggles in 1957, 1960 and 1968 shall not shut its eyes and
remain as mute spectators.

You may think
that when other organizations like Railways & Defence are silent, what is
the need for confederation to struggle alone. We cannot set aside the fact that
in the freedom struggle, only 6 to 7 % of the people were actively involved. We
cannot mention the same reason as a ruse and remain uncared of the C. G.
Employees demands. We are having the responsibilities.

Further in the
Postal over 20 years, we are conducting all the struggles under JCA except the
strikes notified by all trade unions and mass platform organizations. This time
FNPO, despite they understand the issues and the need for the strike, could not
participate in the strike action. We should be clear in our minds that does not
prevent us to proceed on our agenda. That is the main distinction and our specialty
in focussing the common demands.

Resultantly in
some areas, the cadres of their unions may join with us considering the
justification of the demands; In some places, they may put hurdles and
blockades to sabotage the strike; Some may act at the behest of the officers to
scuttle our actions. Yes, we shall overcome all these.

It is clear that unless the seventh pay
commission is constituted, there is no question of withdrawal or deferment of
Strike by the Confederation. The strike will take place on 12.12.12. We shall mobilize
all the workers and rally with us.

Our
Branch/Divisional Secretaries shall observe the following programme of action
to organize the comrades.

(i)
Hold Gate Meetings in nearby offices.

(ii)
Meeting every member and explain the demands and
its importance.

(iii) Hold
executive meetings and allot all office bearers according to their capacity to
organize in the workspots.

(iv)
Issue circulars in local language about the importance
of the demands.

(v)
Issue phamplets and distribute to the public
about our proposed strike action on 12.12.2012 seeking their cooperation; mainly
focusing the wrong policies of the Department which were printed in Bhartiya
Post earlier.

(vi)
Hold Jathas and invite representatives from
other wings of the Confederation so that it will its own importance.

(vii) Explain
our position and convince the employees about the non participation of other
unions under JCA.

(viii) Each
& Every GDS shall be contacted in person by the office bearers and inform
them that this is the first time the Departmentalisation of GDS is placed in
the charter of Demands of the Confederation.

(ix)
Intimate the position & requirements to the
Circle unions & CHQ. The Circle unions will organise tour programmes of its
office bearers and organize more meeting.

(x)
The Circle Secretaries should ensure the prompt
conduct of meetings as notified by the NFPE & Confederation. If they want
to change the dates for the meetings, they can contact the office bearers
allotted to their circles; but there should be no failure in holding meetings
in any circle.